Div 2Basic concepts

Division 2—Basic concepts 13 to 15—Section numbers not used Sections 13 to 15—See note 2 to section 3(1). 16—Coastal waters, and effect of change in baseline (1) Subject to this section, the coastal waters of the State are so much of the area described in Schedule 1 as is constituted by the first 3 nautical miles of the territorial sea from the baseline. (2) The coastal waters do not include any waters that are inside the baseline. (a) a licence has been granted on the basis that an area is within coastal waters; and (b) there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and (c) as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters, this Act applies as if the area were still within coastal waters. (4) Subsection (3) continues to apply to the area only while the licence (and any successor licence) remains in force. (5) If— (a) a licence under the Commonwealth Act has been granted on the basis that an area is within the offshore area under the Commonwealth Act; and (b) there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and (c) as a result of the change to, or reassessment of the location of, the baseline, the area— (i) ceases to be within the offshore area under the Commonwealth Act; and (ii) falls within coastal waters, this Act does not apply to the area. (6) Subsection (5) continues to apply to the area only while the licence under the Commonwealth Act (and any successor licence within the meaning in that Act) remains in force. (7) This Act has effect subject to section 8 of the Mining Act 1971. (8) In this section— baseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) as for the time being determined under section 7(1)(b) of the Seas and Submerged Lands Act 1973 of the Commonwealth. • Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. See Australia's territorial sea baseline published 1988 by the Australian Government Printing Service. • The baseline encloses Spencer Gulf, Gulf St. Vincent, Investigator Strait and Backstairs Passage by a line from the mainland to the western end of Kangaroo Island, along the southern coast of Kangaroo Island and then from the eastern end of the island to the mainland. 17—Blocks This is how a block is constituted in coastal waters— (a) assume that there is laid over the coastal waters a grid constituted by— (i) lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and (ii) lines running along parallels drawn through each degree of latitude and the minutes between those degrees; (b) take a bounded space defined by the grid; (c) the seabed and subsoil within the coastal waters that is under that space is a block. 18—Reserved block (1) Subject to subsection (2), the Minister may declare that a block in coastal waters is a reserved block. 1 A reserved block may be put up for tender by the Minister publishing in the Gazette a tender block licence notice (see sections 74 and 218). 2 Section 10(c) of the Interpretation Act 1984 allows a single declaration under this subsection to be made in respect of 2 or more blocks. (2) A declaration under subsection (1) must not be made in relation to a block if— (a) a licence over that block is in force; or (b) an application for a licence over that block has been made and has not been determined. (3) A declaration under subsection (1) must be made by notice published in the Gazette. 19—Standard block A standard block is a block that is not the subject of a declaration under section 18(1). 20—Tender block A tender block is a block that is the subject of a tender block licence notice published by the Minister under section 74 or section 218. 21—Discrete area (1) A group of blocks forms a discrete area if the area formed by the blocks is continuous. (2) Two blocks that are joined at one point only do not form a continuous area. 22—Minerals (1) A mineral is a naturally occurring substance or a naturally occurring mixture of substances. This Act does not apply to petroleum (see section 35). (2) Without limiting subsection (1), a mineral may be in the form of sand, gravel, clay, limestone, rock, evaporites, shale, oil-shale or coal. 23—Exploration (1) For the purposes of this Act, exploration for minerals includes any activity that is directly related to the exploration for minerals. (2) For the purposes of this Act, exploration does not include the exploration for minerals of the subsoil of coastal waters that is carried out by means of underground mining from land in the State if that exploration is carried out in accordance with the Mining Act 1971. 24—Recovery (1) For the purposes of this Act, recovery of minerals includes any activity that is directly related to the recovery of minerals. (2) For the purposes of this Act, recovery does not include the recovery of minerals from the subsoil of coastal waters that is carried out by means of underground mining from land in the State if that exploration is carried out in accordance with the Mining Act 1971. 25—Licence holder (1) References in this Act to the holder of a licence or the licence holder are references to the person whose name is entered in the offshore mining register as the person who holds the licence. 1 This Act is based upon the grant and registration of licences.